2 July 2012: Sayedee food book report applications

Tribunal one
Justice AKM Zaheer Ahmed was absent from the hearing

Mizanul Islam, the lawyer for the defense, told the tribunal that there were three applications - one involving home cooked food for Sayedee, another concerned with an application for books and a third involved with an application for a copy of an investigation report..

Application for Home cooked food
The first related to the provision of home food to Sayedee. The written application stated

1. That on 14th June 2012 the Accused-Petitioner suffered from a serious heart attack after hearing the news of death of his eldest son Rafiq Bin Sayedee. He was taken to the Ibrahim Cardiac Hospital for medical treatment. Thereafter he was taken to the National Heart Foundation in Mirpur for further treatment. On 20th June 2012, the doctors in National Heart Foundation conducted heart surgery (Angioplasty) of the Accused-Petitioner. During the surgical operation, the doctors had to insert 3 rings in the Petitioner’s heart. It may be mentioned here that the Petitioner already had two other rings in his heart from a previous surgery. This means that the Petitioner is now living with five rings in his heart. Now his heart condition is very critical.

2. It is stated that the Accused-Petitioner has been a diabetic patient for the last 36 years and his sugar level has increased to a danger level. Due to the recent surgery in his heart and the acute diabetic problem the Accused-Petitioner’s present physical condition is very vulnerable. The petitioner is also suffering from chronic arthritis in his neck, upper limbs, waist and knees that increases his miseries. The Petitioner is of 73 years old and as such he has other old age complications. He has complications in urinary system a part of which has been swelled up. He is now being treated in the Ibrahim Cardiac Hospital.

3. It is stated that the Applicant, being a very elderly person requires special care and attention which is required to be followed strictly at all times in order to ensure that the Applicant’s health condition remains stable. Any deviation from these special dietary needs of the Applicant is seriously detrimental to the medical condition of the Applicant, which is aggravated by his Applicant’s old age. The Accused-Petitioner is having difficulty to eat the food supplied by Hospital authority and as such his condition is deteriorating.

4. It is stated that by section 31 of the Prisons Act 1894, an unconvicted criminal prisoner is allowed to receive food from private sources at proper hours, subject to examination and to such rules as may be approved by the Inspector General. Section 31 of the Prisons Act provides as follows: ‘A civil prisoner or an unconvicted criminal prisoner shall be permitted to maintain himself, and to purchase, or receive from private sources at proper hours, food, clothing, bedding or other necessaries, but subject to examination and to such rules as may be approved by the Inspector General.’

5. It is stated that in view of the express provision in section 31 of the Prisons Act 1894, the Jail authority is under an obligation to allow the Accused-Petitioner to receive home-cooked from his family, subject to examination and to such rules as may be approved by the Inspector General.

6. It is submitted that in view of the Accused Petitioner’s ill health and old age complications, the Accused Petitioner may be allowed to receive home cooked food from his family four times a day in accordance with section 31 of the Prisons Act, otherwise the Petitioner’s medical condition is likely to aggravate. 

7. It is submitted that no one will be prejudiced if the Accused-Petitioner is allowed to receive home cooked food from his family and as such, this Hon’ble Tribunal may be pleased to direct the Jail authorities to allow the Accused Petitioner to receive home cooked food from his family four times a day.

The lawyer said that Sayedee is staying at the Hospital due to his illness. He is very sick. The hospital food is not suitable for him. He is loosing weight. According to section 31 of the Prisons Act 1894, the accused is entitled to have home cooked food from his family. Our humble prayer is to issue an order like that Mr. Gholam Azam’s case to supply foods from his home, just during the period of staying at the Hospital.

Justice Nizamul Huq: We may pass this order, but we should not pass any order which would not be obeyed by the party. Because in the case of Gholam Azam, the conditions of the order has not yet been complied with. The application was allowed subject to the condition that the jail authority will inspect the food and that it will be provided at the full risk of the family members of the Accused Petitioner

Mizanul Islam: We will comply in this case.

Tajul Islam then said that if the tribunal is asking the jail authority to inspect the food then why should the family members have responsibility. If the food is contaminated by the Jail authority while checking then why should the family members take on that responsibility. He said that unlike the conditions with Azam, could the tribunal please not place this condition in the order.

The tribunal said that they would consider this.

Application for books, paper etc
The second application concerned the failure of the Jail authority to providing him with the books, pens and paper as allowed by Rules 654(1)(2)(3) of the jail code. The written application stated:

1. That on 14th June 2012 the Accused-Petitioner suffered from a serious heart attack after hearing the news of death of his eldest son Rafiq Bin Sayedee. He is now being treated in Ibrahim Cardiac Hospital. The Jail authority has been refusing access to writing paper, pen, the Honey Quran, the Tafseer and Translation of the Quran, Hadith Commentary and Biography of Prophet (pbuh).

2. It is stated that the refusal of the Jail authorities to allow the Accused-Petitioner to read the Holey Quran, Translation and tafseer of the Holey Quran and the Biography of the Prophet (pbuh), which were given to him by members of his family, is a clear violation of Rule 654(1) of the Jail Code, which provides as follows:  ‘All willing prisoners may be allowed books to read on holidays or during the rest hours from the jail library or from outside by purchase at their own cost, or obtaining from their friends or relations, subject to the sanction of the Senior Superintendent/ Superintendent who shall satisfy himself that the books are worth reading by the prisoners. No pornographic books or magazines shall be allowed to any class of prisoners.’

3. In such circumstances, the Accused-Petitioner prays that the Jail authorities may be directed to allow him to read the Holey Quran, Translation and Tafseer of the Holey Quran, Hadith Translation and/ or Commentary, and the Biography of the Prophet (pbuh) or any other appropriate literature, as supplied to him by his family members, in accordance with the aforesaid provision of the Jail Code.

4. It is stated the Jail Authority has refused the Accused-Petitioner access to any pen or paper. It is stated that the refusal of the Jail authorities to allow the Accused-Petitioner to use pen and paper is a clear violation of Rule 654(3) of the Jail Code, which provides as follows:

‘One exercise book with pens may be allowed to well-behaved prisoners at their own cost per month. The exercise books shall ordinarily be school exercise books and the pages shall be numbered and periodically inspected to see that none is missing. The pages shall on no account be used for writing letters.’

5. It is stated that the Jail Authority has refused the Accused-Petitioner to borrow books from the Jail library which is a clear violation of Rule 654(2) of the Jail Code, which provides as follows:  ‘The Senior Superintendent/Superintendent may, at his discretion, allow a larger number and wider selection of books, in special cases, to well behaved Division III prisoners from the Jail library provided that not more than five books shall be issued to any prisoner at a time. The Senior Superintendent/ Superintendent may also allow prisoners to purchase from time to time approved magazines, periodicals, daily newspapers and books at their own cost.’

6. In view of the statements and submissions made hereinabove, the Accused-Petitioner prays for the following orders: (a) A direction upon the Jail authorities to allow pen, paper and books, including the Holey Quran, Translation and Tafseer of the Holey Quran, Hadith Translation/ Commentary and Biography of the Prophet (pbuh), to be supplied to the Accused-Petitioner by his family members; (b) A direction upon the Jail Authorities to allow the Accused-Petitioner to borrow books from the Jail library in accordance with the Jail Code.

Justice Nizamul Huq: Application was allowed. The defence is directed to give list of the books and the Tribunal will pass necessary order specifying the books that should be supplied to Sayedee.

Investigation Officer Witness report
Mizanul Islam said that the third application is that we are asking for the certified copies of the reports of 17-3-2012 and 19-3-2012 of the Investigation Officer which are annexed to the prosecution's section 19(2) application allowing the witnesses. This is discussed on a separate page.

Ahsanul Huq, the counsel of Salauddin Quader Chowdhury then asked for privileged communication with his client Salahuddin Quader Chowdhury.

Justice Nizamul Huq: Okay. Would you like to go alone?

Ahsanul Huq: His wife would also go with me to visit him.

Justice Nizamul Huq: Okay. You are allowed 10 minutes.

Ahsanul Huq: My Lord, it is too short time.

Justice Nizamul Huq: Okay, then 15 minutes.

Ahsanul Huq: My Lord, it’s also a short time.

Justice Nizamul Huq: What would be your requirement?

Ahsanul Huq: Half an hour please.

Justice Nizamul Huq: Okay.

Justice Nizamul Huq: Okay, proceed on with the cross examination.